24May13

High Court calls for new system to investigate claims of abuse by British soldiers on
Iraqis

Investigations into allegations of abuse and murder of Iraqis by British troops are
legally flawed and need to be replaced by a new system, senior judges have said.

In a blow to the Ministry of Defence, the High Court said the Iraq Historic Allegations
Team (IHAT), which is currently examining hundreds of allegations, was failing to
meet the UK's obligations under Article Two of the European Convention on Human
Rights (ECHR) to investigate suspicious deaths involving the state.

"A new approach is required," said Sir John Thomas, president of the Queen's
Bench Division, calling for inquest style smaller inquiries into dozens of individual
cases.

The military has staunchly defended allegations that there may be as many as
150-160 cases involving deaths, as well as 700-800 involving mistreatment of
civilians.

The claims include allegations that women, children and the elderly were among the
victims when soldiers went in search of individuals to detain and interrogate
following the invasion. There are also claims that British interrogators were guilty of
unlawful killings as well as torture in British-controlled detention facilities between
2003 and 2009.

"The precise numbers that require investigation will be determined by decisions as
to the scope of the application of the ECHR to the activities undertaken by the
British armed forces in Iraq," the judges said.

The ruling is a partial victory for 180 Iraqi civilians, including relatives of the dead,
who challenged the IHAT arrangements, claiming it was too closely associated with
the military and lacked independence.

The High Court found that IHAT was independent and carried out its duties with
competence and integrity. It also rejected a call for a new full-scale inquiry.

The judges said the claims included "allegations of the most serious kind involving
murder, manslaughter, the wilful infliction of serious bodily injury, sexual indignities,
cruel and inhuman and degrading treatment and large-scale violation of
international humanitarian law".

Some of the incidents had been the subject of criminal prosecutions, "and more may
be", they added, pointing out that this had led to a massive legal bill.

The only public inquiry so far completed related to Baha Mousa, an Iraqi who died in
British Army custody in 2003, which had cost £25 million. The bill for a second, the
ongoing Al-Sweady inquiry, currently stands at £17 million with the hearings
expected to last almost a year.

"The other investigations established by the Secretary of State are costing more
than £7.5m a year."

The judges gave the Ministry of Defence six weeks to state what was happening in
relation to certain cases - "in particular whether more prosecutions are to be
brought".

A further High Court hearing is to place after 21 June to discuss the next steps to be
taken in the litigation.

Phil Shiner, of Public Interest Lawyers, who represented the Iraqis, said of the
ruling: "It has found that the Ministry of Defence have not complied with international
and domestic law requiring there to be proper public scrutiny of these cases and the
systemic issues arising from them.

"My clients welcome the public inquisitorial process that will now follow. I trust that
the various and troubling systemic issues emerging from these cases will lead to
further reforms following the Baha Mousa Inquiry report of September 2011."

A Ministry of Defence spokesman said: "We welcome the court's finding that IHAT is
independent and carries out its duties with competence and integrity.

"We are also pleased that the court has agreed that the Secretary of State was
justified in concluding that a single comprehensive public inquiry into allegations of
abuse in Iraq should not be established. This would have led to unnecessary
expense and unacceptable delay.

"The IHAT continues to make progress in its task of investigating allegations which
have been made against British troops serving in Iraq."

[Source: By Terry Jud, The Independent, London, 24May13]

This document has been published on 27May13 by the Equipo Nizkor and Derechos Human Rights. In accordance with
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